Jurisdiction in trademark suits

The Bombay High Court stated that it has jurisdiction to deal with a trademark dispute as the name was registered in Mumbai and the company has multiple offices in the country. In this case, Kalpataru Properties Private Ltd vs Sri Kalpatharu Housing Private Ltd, the second firm argued that the Bombay High Court has no jurisdiction as it had its office in Andhra Pradesh and, therefore, only the court there has the power to decide the dispute. The high court rejected the argument on the basis of the Trade Marks Act and the Copyright Act. According to the judgment, a person aggrieved by infringement of trademark or copyright may file a suit either at the place where it carries on business or at the place where the opposite party has office. The two Acts give a choice to the aggrieved person to file a suit where he prefers. The place where the cause of action arose, like the infringement of the trade mark, is not quite relevant, the judgment said.